Filing a Wage and Hour Claim – Ohio
Does Ohio have state overtime laws that are different from federal law?
Under Ohio law, overtime shall be paid at one and one-half the employee’s wage rate for hours worked over 40 in a pre-established work week, consisting of not more than seven consecutive days. This overtime requirement does not apply to employers who gross less than $150,000 per year.
Does Ohio have a minimum wage that is different from federal law?
The current minimum wage in Ohio is $7.95 per hour for employers who have gross annual receipts of more than $292,000, and $7.25 per hour for employers who make less than $292,000 annually.
Some employees are exempt from Ohio’s minimum wage. The following is a partial list:
- Babysitters and live-in caretakers
- Federal employees
- volunteers of nonprofit organizations
- Newspaper delivery persons
- Outside salespersons paid by commissions
- Bona fide executives, administrative employees, professionals, and computer professionals
- Employees of police and fire agencies
- Students employed by a state or local agency
- Employees for a non-profit camp or recreational facility for children
Does Ohio have meal and rest break requirements, unlike federal law?
Under Ohio law, the employer is not required to give lunch or restroom breaks. However, if the employee is under 18 years of age, an employer is required to give the employee a half hour break for every 5 hours worked.
How do I file a wage/hour or labor standards claim in Ohio?
The Ohio Department of Commerce’s Division of Labor and Worker Safety, Wage and Hour Bureau handles wage and hour complaints.
What are my time deadlines?
If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed.
How can I or my attorney pursue a claim in court in Ohio
Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable.
State Labor Agency
Ohio Department of Commerce, Wage and Hour Bureau,
6606 Tussing Road, PO Box 4009
Reynoldsburg, Ohio 43068, (614) 644-2239
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2015 Workplace Fairness